She wants to marry a man whom she loves but he previously committed zina with her mother

 

I have a friend who wants to marry a man whom she loves dearly, but the problem is that this man once committed zina with her mother who was married and had three children at that time. It was a mistake committed in a moment of heedlessness. My question is: what should she do? Is it permissible for them to marry?.

Praise be to Allaah.

The fuqaha’ differed concerning one who commits zina with a
woman: is it permissible for him to marry her daughter or not? There are
two views: 

The Hanafis and Hanbalis are of the view that it is not
permissible for him; they regarded haraam intercourse as being like halaal
intercourse with regard to who becomes a mahram as the result of a
marriage. 

The Maalikis and Shaafa‘is are of the view that he may marry
her. 

Ibn Qudaamah (may Allah have mercy on him) said: Haraam
intercourse creates the same mahram relationships as halaal intercourse or
intercourse as the result of a dubious marriage - meaning that those who
become mahrams as a result are confirmed in all three cases. So if a man
commits zina with a woman, she becomes haraam to his father and son, and her
mother and daughter become haraam to him. Something similar to that was
narrated from ‘Imraan ibn Husayn, and this was also the view of al-Hasan,
‘Ata’, Tawoos, Mujaahid, al-Sha‘bi, al-Nakha‘i, al-Thawri, Ishaaq and ashaab
al-ra’y. 

Ibn ‘Abbaas narrated that haraam intercourse does not make
anyone a mahram. This was also the view of Sa‘eed ibn al-Musayyab, Yahya ibn
Ya‘mir, ‘Urwah, al-Zuhri, Maalik, al-Shaafa‘i, Abu Thawr and Ibn al-Mundhir.
End quote from al-Mughni, 7/90. 

The more correct view is that of the Maalikis and Shaafa‘is,
that it does not make anyone a mahram. See also the answer to question
number 78597. 

But our advice is that this marriage should not go ahead for
two reasons: 

1.

So as to be on the safe side and avoid an area of scholarly
dispute, because she is haraam to him according to many scholars, especially
the Hanafi madhhab that is prevalent in your country. 

2.

If he marries her, that will lead to him being close to her
mother and being in touch with her, and there is the fear that this would
remind him of that haraam action or tempt him to do it again, or it may be a
cause of the woman (the mother) being tempted. We ask Allah to keep us all
safe and sound. 

If your friend is in a relationship with this man, this
indicates that he is corrupt and deviant, as he did not have any religious
commitment that could have deterred him from committing zina with a woman
who had three children and forming a relationship with her daughter. Such a
man cannot be trusted at all. Your friend has to end her relationship with
him. Perhaps Allah will send her a chaste husband who is not contaminated
with this evil and sin. 

And Allah knows best.

 

t is not permissible to be married to a woman and her paternal or maternal aunt at the same time

 

Please guide me in the light of Surah An-Nisa verse number 23 and 24. Husband want to marry his wife sister daughter (means wife niece). Can he marry his wife niece and having at the same time both women in nikkah?.

Praise be to Allaah.

It is not permissible for a man to be married to two
sisters at the same time or to a woman and her paternal or maternal aunt
at the same time, because Allah says
(interpretation of the meaning):

“Forbidden to you (for marriage) are: your mothers, your
daughters, your sisters, your father’s sisters, your mother’s sisters, your
brother’s daughters, your sister’s daughters, your foster mothers who gave
you suck, your foster milk suckling sisters, your wives’ mothers, your
stepdaughters under your guardianship, born of your wives to whom you have
gone in — but there is no sin on you if you have not gone in them (to marry
their daughters), — the wives of your sons who (spring) from your own loins,
and two sisters in wedlock at the same time, except for what has already
passed; verily, Allaah is Oft‑Forgiving, Most Merciful”

[al-Nisa’ 4:23]. 

Shaykh ‘Abd al-Rahmaan al-Sa‘di (may Allah have mercy on him)
said in his Tafseer (1/173): These verses refer to those who are
haraam in marriage because of blood ties, those who are haraam because of
breastfeeding, those who are haraam because of ties through marriage, those
who are haraam because it is not permitted to be married to them and another
woman at the same time, and women who are permissible in marriage. 

With regard to those who are haraam because it is not
permitted to be married to them and another woman at the same time, Allah
mentions being married to two sisters at the same time and describes it as
haraam. And the Prophet (blessings and peace of Allah be upon him) forbade
being married to a woman and her paternal or maternal aunt at the same time.
So if we take a pair of women who are related to one another, if we imagine
that one of them is male and the other is female, if it would be haraam for
them to get married, then it is haraam for them to be co-wives. That is
because of what would result from that of severing ties between relatives.
End quote. 

Al-Bukhaari (5109) and Muslim (1408) narrated from Abu
Hurayrah (may Allah be pleased with him) that the Messenger of Allah
(blessings and peace of Allah be upon him) said: “One should not be married
to a woman and her paternal aunt, or a woman and her maternal aunt, at the
same time.” 

Ibn Qudaamah (may Allah have mercy on him) said, explaining
the women who are forbidden in marriage: “married to a woman and her
paternal aunt, or a woman and her maternal aunt, at the same time” - Ibn al-Mundhir
said: The scholars are unanimously agreed on this matter and there is no
difference of opinion concerning it, praise be to Allah, except that some of
the innovators whose difference of opinion does not count, namely the
Raafidis and Khawaarij, do not regard that as forbidden and they do not
follow the Sunnah that is proven from the Messenger of Allah (blessings and
peace of Allah be upon him), as it says in the hadeeth of Abu Hurayrah
(quoted above). 

The reason for the prohibition on being married to two
sisters at the same time is that it would cause enmity among relatives and
lead to severing the sacred ties of kinship, and this reason is also
applicable in the case of marriage to a woman and her maternal or paternal
aunt at the same time.  

If they quote as evidence the general meaning of the words of
Allah (interpretation of the meaning): “All others
are lawful,” [al-Nisa’ 4:24], then the report we
have narrated makes exceptions from that. End quote from al-Mughni,
7/89. 

For more information please see the answer to question no.
22302 

And Allah knows best.

 

Women who are forbidden for marriage because of kinship

 

Please could you tell me the basic guideline on marriage in Islam with regard to relatives? I know that it is permissible for a person to marry paternal cousins, but what is the ruling on marrying one’s father’s paternal cousin? And what is the ruling on my daughter marrying the nephew of my mother-in-law? Please advise me, may Allah reward you with good.

Praise be to Allaah.

Allah, may He be exalted, has mentioned women who are
forbidden in marriage because of kinship. Allah says (interpretation of
the meaning): 

“Forbidden to you (for
marriage) are: your mothers, your daughters, your sisters, your father's
sisters, your mother's sisters, your brother's daughters, your sister's
daughters…”

[al-Nisa’ 4:23]. 

Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said: 

These are seven who are forbidden in marriage, according to
the text and scholarly consensus; none of the scholars differed concerning
this. End quote from al-Sharh al-Mumti‘, 12/53. 

They are: 

1.     
The mother, which includes
grandmothers on both the father’s and mother’s side

2.     
The daughter, which includes
granddaughters

3.     
Sisters, whether full sisters
or half-sisters through the father or mother

4.     
The paternal aunt, which also
includes the paternal aunt of the father or mother

5.     
The maternal aunt, which also
includes the maternal aunt of the father or mother

6.     
The brother’s daughter, which
includes his granddaughters

7.     
The sister’s daughter, which
includes her granddaughters 

Any other women who are relatives, apart from these, are
permissible for marriage. Hence Allah, may He be exalted, says in the
following verse (interpretation of the meaning): “All
others are lawful…” [al-Nisa’ 4:24]. 

Based on that, the daughter of one’s paternal uncle or aunt,
or of one’s maternal uncle or aunt, are permissible in marriage. The Qur’aan
states that in the verse (interpretation of the meaning):

“O Prophet (Muhammad SAW)!
Verily, We have made lawful to you your wives, to whom you have paid their
Mahr (bridal money given by the husband to his wife at the time of
marriage), and those (slaves) whom your right hand possesses - whom Allâh
has given to you, and the daughters of your ‘Amm (paternal uncles) and the
daughters of your ‘Ammaat (paternal aunts) and the daughters of your Khaal
(maternal uncles) and the daughters of your Khaalaat (maternal aunts)…”

[al-Ahzaab 33:50]. 

Based on this, it is permissible for a girl to marry her
father’s paternal cousin, because a person’s paternal uncle is an uncle to
him and to all his offspring. So her father’s paternal uncle is also an
uncle to her, and his son is her cousin, and it is permissible for a girl to
marry her paternal cousin. 

And it is permissible for your daughter to marry the son of
your mother-in-law’s brother, because the brother of your mother-in-law is
her maternal uncle, because he is the maternal uncle of her father, and the
maternal uncle of one’s father is also an uncle to his children. And it is
permissible for a girl to marry her maternal cousin. 

And Allah knows best.

The wife’s grandmother is a mahram to the husband

 

Is my wife’s paternal grandmother a mahram, i.e., can she uncover her face in front of me?.

Praise be to Allaah.

The wife’s grandmother –
either paternal or maternal – becomes a mahram to the husband once the
marriage contract is done, because she is included in the verse in which
Allah says (interpretation of the meaning):

“your
wives’ mothers”

[al-Nisa’ 4:23]. 

Thus the mothers,
grandmothers and great-grandmothers of the wife, no matter how far the line
of ascent reaches, are mahrams to the husband. 

It says in Zaad
al-Mustaqni‘: His wife’s mother and her grandmothers become mahrams once
the marriage contract is done.

See al-Sharh al-Mumti‘,
12/118 

It says in al-Mawsoo‘ah
al-Fiqhiyyah al-Kuwaitiyyah, 15/121: 

The fuqaha’ are unanimously
agreed that it is haraam to marry grandmothers in all cases, whether they
are through the mother or through the father, no matter how far the line of
ascent reaches, and that is because Allah says (interpretation of the
meaning): “Forbidden to you (for marriage)
are: your mothers” [al-Nisa’ 4:23]. Mothers are all those to whom
one is attributed through birth, whether they are called mothers in the real
sense or metaphorically – i.e., the one who gave birth to you or the one who
gave birth to the one who gave birth to you – no matter how far the line of
ascent reaches, and whether they are heirs or not. End quote. 

Based on that: she may
uncover her face in front of you. 

And Allah knows best.

 

Reconciling the fact that the khaleefah should be from Quraysh with the hadeeth about obeying an Abyssinian slave

 

What is the understanding pertaining to the statement in the "Aqeedah " that the Khalifat belongs to the Quraish, how does the Hadith pertain to "Obey the Amir even if he be an Abysinnian with a head like a raisin", could you pls help us to reconcile this and may Allah guide us to accept the truth?

Praise be to Allaah. 

The hadeeth about the rulers being
from Quraysh is a saheeh hadeeth which was narrated through many isnaads.
The basic principle is that the leader should be from Quraysh. But in
the case where the khaleefah has seized power by force and is ruling
the people by force, the people have to obey him and it is haraam to
rebel against him, even if he is an Abyssinian slave as it says in the
hadeeth. 

Don’t be such a fanatic!

 

What is the ruling on a person who, when he is advised with regard to an action which goes against sharee’ah, immediately says, “Don’t be such a fanatic and so extreme; be moderate.” We hope you can explain what moderation is.

Praise be to Allaah. 

Whoever
is advised concerning something that is haraam according to sharee’ah,
so that he can avoid it or give it up, or is told of an obligation so
that he can fulfil it, then he says something like this, is doing wrong.
What he should do, if he is advised, is to thank the person who has
offered the advice, then he should look at himself and if the advice
was justified, then he should avoid the haraam thing and do what is
obligatory. As far as his comment “you are a fanatic” is concerned,
fanaticism, laxity and moderation are all to be understood in reference
to sharee’ah. Whatever is in accordance with sharee’ah is moderate;
whatever exceeds that is extreme and whatever falls short of that is
laxity. The standard in all cases is sharee’ah and the meaning of moderation
is that which is in accordance with the sharee’ah. Whatever is in accordance
with sharee’ah is moderate.

Appointing an ameer (leader)

 

What is the ruling on appointing someone
as an ameer when not travelling, such as when a group of young men are sharing a flat or
in a camp that is held within the city or elsewhere?

Praise be to Allaah.

The reports that have been narrated concerning
appointing an ameer refer specifically to when people are travelling, because when people
are travelling they need to be able to refer their opinions to a leader or ameer. But when
people are not travelling, usually each individual is busy with his own affairs and they
do not need an ameer.

But they may appoint someone to be the head of their society or group,
so if for example they are living in a flat, they may say” we need someone to
organize our affairs in this flat, so we will appoint So and so to be our head or
ameer.” Then they can discuss with him the running of this household’s affairs,
such as what kind of food to have, setting times of rest, deciding what needs to be
bought, and so on, so they discuss these things with him and agree to accept what he says.
This is correct, in sha Allaah.